Lisa ordered 6 bottles of wine for $1200 to be delivered on/before May 1st, thru Adam Pucha. On May 1st Adam Pucha delivery van is involved in an accident, no wine was delivered and no on told Lisa. Adam Pucha sues Lisa of breach of contract. How is the court most likely to rule?
The court will rule in Adam Pucha's favor through concurrent conditions. If a buyer promises to pay for goods when they are delivered by the seller, each party's absolute dute to perform is conditioned on the other party's absolute dute to perform. The buyer's duty to pay for the goods does not become absolute until the seller either delivers or attempts to deliver the good.